beta
(영문) 수원지방법원 2016.07.21 2016노802

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the Defendant’s grounds of appeal (unfair sentencing) that recognized the Defendant’s mistake and reflects the Defendant’s fault, and that the amount of KRW 1.5 million per month’s income while working for daily employment must support wife and children who are disabled persons, it is unreasonable for the lower court to impose an order to complete sexual assault treatment programs for a fine of KRW 1.5 million and KRW 400,000,000.

2. The crime of this case was committed in light of the following factors: (a) the defendant taken pictures of the parts, etc. of the body of the victimized women using the mobile phone camera in the subway prior to the subway train or the subway station escalator; (b) the number of victims is 25 times and the number of victims is 9; (c) the victim C wishes to punish the defendant; (d) there are no special changes in circumstances that may be considered in sentencing in the trial; and (b) other various matters as provided in Article 51 of the Criminal Act, such as the motive and background of each crime of this case, the circumstances before and after the crime of this case, degree of damage, and the character and conduct, environment, family relations, etc. of the defendant as shown in the records and arguments of this case, the court below’s punishment is too unreasonable even after considering the circumstances alleged in the grounds of appeal. Therefore, the above assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

참조조문